Surrogate mothers should have no legal rights over a baby that she has given birth to if the egg used to conceive the baby was not her own

Wikipedia defines Surrogacy to be a preparation in which a woman carries and delivers a child for another couple or person. The surrogate may be the child’s genetic mother, or she may be genetically unrelated to the child. In a traditional surrogacy, the child may be conceived via home artificial fertilization using fresh or frozen sperm or impregnated via IUI, or ICI performed at a health clinic. Surrogacy arrangements are complex and involve medical, emotional, financial and legal issues. The relationship between the surrogate mother and commissioning parent(s) may break down, which may lead to disagreement on a number of issues. Consequently the surrogate mother should not have rights since it wasn’t her egg, therefore it wasn’t her baby and she firmly agreed knowing what will happen.

Although some people view surrogacy as baby-selling and look down on a woman who is a surrogate, in recent years surrogacy has become more of an accepted practice. Still the ethical question remains as to whether a woman who is being paid for her surrogacy is exploiting infertile couples and entering the contract for money. Live strong clarifies that sometimes a surrogate mother changes her mind and refuses to give up the child. However, in states where surrogacy is allowed, the biological mother usually does not win custody or visitation rights. In most cases, both the surrogate and the parents sign a contract to prevent this from happening.

A surrogacy arrangement is an arrangement between a woman (the birth mother) and another person or couple where the birth mother agrees to become pregnant with a child for the intended parents. After the child’s birth, the birth mother gives up the child permanently to the intended parents. With legal documents and written forms to back the parents of the child up in case the surrogate mother has a change of heart to wanting rights for the child.

Victorian assisted reproductive treatment authority explains that all surrogacy arrangements in Victoria must be approved by the patient review panel. All surrogacy arrangements must be altruistic, that is, the surrogate cannot be paid to act as a surrogate. However, the surrogate can be reimbursed for costs incurred by her as a direct consequence of entering into the surrogacy arrangement.


All parties must complete a criminal records check and a child protection order check prior to entering a surrogacy arrangement. The Australian high commission declares that Australians considering pursuing commercial surrogacy in India should be aware of new visa regulations which require medical visas for individuals coming to India for the purpose of commissioning surrogacy. The regulations place certain restrictions on eligibility for a medical visa.


The Australian Government is not able to advise intending parents on the application of Indian laws. We strongly recommend that confirmation of the latest requirements be sought from Indian authorities and that independent legal advice be obtained. With the excess amount of Australians flocking to India for surrogacy there are more strict regulations being put in place. For an Australian couple wanting surrogacy there are many factors to look at first of all costs, and regulations and rules, as well as the surrogate mothers change of heart what would be the point in spending countless amounts of time and money. To solve that in the agreement the surrogate mother should sign papers so what she has to do to make sure in the end of the pregnancy she has no right to change her mind.
There are many pros and cons to whether the surrogate mother should have visitation or legal rights over the child she gave birth to. You could say that the child might be curious as to who carried him/her for the nine month period. The child may then want to be able to interact with the surrogate mother because he or she should be able to have knowledge of who carried them for that period of time. But it’s in the best interest for the child to preferably have no contact with the birth mother as it could be difficult for either the surrogate mother or the child and that could take up serious implications.

In any situation of surrogacy the surrogate mother should not be able to have rights for the child she gave birth to. With the given examples and explanations given above there should be no reason to think that surrogate mothers should have privileges for the child they provided birth to. The surrogate mother happily agrees to everything in the beginning regarding she is to have nothing to do with the child once it is born she shouldn’t be able to change her mind coming to the end of the pregnancy she has no right to. Consequently if a surrogate mother changes her mind towards the end of the pregnancy she should not be allowed to forward an argument to have rights over the child hence it was not her egg so the child isn’t hers so she should have no rights or decisions over the baby once it is born.



Leave a Reply

Your email address will not be published. Required fields are marked *